Proposed Changes to Zoning Bylaw: Retaining Walls

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ZONING: RETAINING WALLS

Existing: No regulation in effect.

Proposed: SECTION 37.2 RETAINING WALLS

Maximum allowable height

(1) Retaining walls located in yards are subject to fence height restrictions in Section 37.1.8, whether or not combined with fencing elements.
(2) In no circumstances will a retaining wall be greater than 2 m in height.

Measuring retaining wall height

(3) Retaining wall height shall be measured vertically from the grade at the base of the wall on the lower side to the surface of the ground or water it supports.

Portion of retaining wall considered as a fence

(4) Any portion of a retaining wall that projects above the highest point of the surface of the ground or water it supports is considered a fence.

Maximum allowable retaining wall height when combining a retaining wall and fence

(5) The combined height of a retaining wall and fence (where the fence is located within 1.2 m of that retaining wall), or any portion of a retaining wall considered to be a fence, shall not exceed the applicable maximum allowable fence height as per Section 37.1.8.

Maximum height measured from grade of higher abutting property

(6) In the case of a retaining wall constructed in accordance with Section 37.2.5, the combined height of a retaining wall and fence (including any portions of the retaining wall considered to be a fence) located within the setback shall be measured from the grade of the abutting higher property to that lot line.

Maximum fence height measurement for an abutting property

(7) Notwithstanding Section 37.2.6, where a retaining wall exists on the subject property and is located within 1.2 m of the lot line, the maximum height for a fence located within the setback on the abutting property shall be measured from the top of the retaining wall on the subject property to the top of the fence.

Terraced retaining walls

(8) Terraced retaining walls must be constructed such that the distance between the two outer faces of adjacent retaining walls is not less than the height of the retaining wall with the greater height.

The area between the terraced retaining walls

(9) The backfilled area between terraced retaining walls may include drainage, irrigation, and landscaping, and shall be level and maintained in good condition free of debris, yard waste, graffiti and invasive species.

Adding a guardrail onto a retaining wall

(10) Guardrails up to a maximum height of 1.07 m located on retaining walls are excluded from the overall maximum allowable retaining wall height.

Vision clearance

(11) Retaining walls are subject to vision clearance provisions of Section 36.

Easements, covenants, and rights-of-way

(12) All retaining walls, or any portion thereof, shall be located entirely on the applicable parcel, and shall not be located within any right-of-way, easement or covenant area, except with the express written permission of the right-of-way holder, easement holder, or covenantee, as the case may be.

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